C:\AWARDS\OUT\2-07171.htm

form 1 NATIONAL RP,ILROAD ADJUSTMENT BOARD Award No. 7171 SECOND DIVISION Docket No. 6961 2-PC-MA '76 The Second Division consisted 0l-= the regular members and in addition Referee R-7oseph A. Sielrles when award was rendered. ( International Association of Machinists Parties to Dispute: ( and Aerospace Workers AFT,-CIO ( ( ( Penn Central Transportation Company, Debtor Dispute: Claim of_Employes:

1. That there were no facts to sustain the Action of the Penn Central Transportation Company in assessing the five (5) c?ay actual suspension and twenty-five day (25) recorc' suspension following the investigation held on Machinist I>. Ruclolphy, on October 10, 1973.

2. 'that the hearing was held in violation of Rules 36

toy

26 of our controlling agreement.

3. That the Penn Central Transportation Company reimburse machinist D. Rudolphy for wages lost and any fringe benefits, vacation time, Insurance etc., that he lost clurri.ng the five day actual suspension.

4. That this be removed from Mr. Rudolphy's record, five day actual and twenty-five day record suspension and he be made whole.

Findings: The Second Division of the Adjustment Board, upon the whole record and all. Vie evidence, finds that: The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934. This Division of the Adjustment Board has jurisdiction over the dispute involved herein:

Parties to said dispute waived right of appearance at hearing

thereon.

Claimant was notified to report for a hearing on a charge of bein involved in an illegal and unauthorized work stoppage and leaving t1?e property wi tlout proper authority. .,, _I Award No. 7171 s'age 2 Docket No. 6961 ~_.PC-y ~ ~6 Subsequent to investigation, he was assessed a 60-day actual suspension. During the handling of the ffatter on the property, the discipli.ne was modified to a five (5) days actual suspension and twenty five (25) days record suspension. 'I`tie basic f=actual background which gave rise to this dispute is identical to that considered fey this Board in Award No. 7153, and the 'oasis for our determination in that: case controls our conclusions sere. Laze Claimant herein sought to explain his presence in the lunch room because of an "t.ipset stomach." Yet, he refused to respond to questions as to whether he sought medical attention, reported his illness, etc* For the reasons set forth in our Findings in Award No. 7153, we find no procedural errors. We find that Carrier did not present: substantive evidence to show that Claimant was guilty of departing the property without proper authority. However, we find that Carrier did present substantive evidence to support the finding that Clqimant was involved in an illegal and' unauthorized work stoppage. Under all of the circumstances, we are unable to find that the discipline imposed was excessive.

~W A R D

Claim denied, as stated in the Findings, above. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By: -~y~ ..6 Rosemarie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 16th day of November, 7976.